SMITH v. SUPERINTENDENT OF SCI HUNTINGDON et al

Filing 18

ORDER AS FOLLOWS: THE REPORT AND RECOMMENDATION IS APPROVEDE AND ADOPTED; PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED, ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/3/09. 12/3/09 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ERIC E. SMITH, Petitioner, v. SUPERINTENDENT OF SCI HUNTINGDON, et al., Respondents. : : : : : : : : : : CIVIL ACTION No. 08-2901

ORDER AND NOW, this 3rd day of December 2009, upon consideration of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo (doc. no. 13) and Petitioner's objections thereto (doc. no. 15), it is hereby ORDERED as follows: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Petitioner's objections to the Report and Recommendation are OVERRULED;

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The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, (doc. no. 5) is DISMISSED.1

AND IT IS SO ORDERED. s/Eduardo C. Robreno EDUARDO C. ROBRENO, J.

Petitioner has objected generally to the Magistrate's Report and Recommendation. The Court, having carefully reviewed the Magistrate's thoughtful and thorough recommendation, will overrule Petitioner's objections and adopt the Report and Recommendation. In summary, Petitioner's fifth, sixth and seventh claims were not properly exhausted in the state courts. Petitioners first, second, third and fourth claims do not warrant habeas relief based upon the required deference to the factual determinations of the state courts. -2-

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